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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of ) File Number EB-02-KC-0549
)
St. Louis Mobile System Inc. ) NAL/Acct. No.200232560023
Owner of Antenna Structure at )
Latitude 38° 17' 31" North and ) FRN 0005-9463-55
Longitude 91° 41" 50' West, near )
Belle, Missouri
Rolla, Missouri
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: August 20, 2002
By the Enforcement Bureau, Kansas City Office:
I. INTRODUCTION
1. In this Notice of Apparent Liability for Forfeiture
(``NAL''), we find St. Louis Mobile System Inc., owner of an
unregistered antenna structure located at 38° 17' 31" North
Latitude and 91° 41" 50' West Longitude, near Belle, Missouri,
apparently liable for a forfeiture in the amount of three
thousand dollars ($3,000) for willful and repeated violation of
Section 17.4(a) of the Commission's Rules (``Rules'').1
Specifically, we find St. Louis Mobile System Inc. apparently
liable for failing to register its antenna structure.
II. BACKGROUND
2. On June 18, 2002, an agent of the Commission's Kansas
City Field Office inspected an antenna structure at or near the
geographical coordinates 38° 17' 31" North Latitude and 91° 41"
50' West Longitude, near Belle, Missouri. The antenna structure
was approximately 385 feet in height. There was no Antenna
Structure Registration (``ASR'') number posted at the gate
leading to the antenna structure or the fencing surrounding the
antenna structure.
3. On July 15, 2002, a search of the FCC ASR database
revealed no antenna structure registered at or near the
geographical coordinates 38° 17' 31" North Latitude and 91° 41"
50' West Longitude, near Belle, Missouri.
4. Subsequent investigation found the owner to be St.
Louis Mobile Systems with Mr. William (Bill) G. Bowles, Jr. as
the contact. The investigation also confirmed that the antenna
structure is unregistered.
III. DISCUSSION
5. Section 17.4(a) requires the owner of an antenna
structure that requires notice to the Federal Aviation
Administration (``FAA'') to register the antenna structure with
the Commission. St. Louis Mobile System Inc.'s antenna structure
requires FAA notification because it exceeds 200 feet in height.2
From 1996 to July 17, 2002, St. Louis Mobile System Inc. failed
to register its antenna structure located at or near 38° 17' 31"
North Latitude and 91° 41" 50' West Longitude, near Belle,
Missouri.
6. Based on the evidence before us, we find St. Louis
Mobile System Inc. willfully3 and repeatedly4 violated Section
17.4(a) of the Rules by failing to register its antenna
structure.
7. Pursuant to Section 1.80(b)(4) of the Rules,5 the base
forfeiture amount for failure to register the antenna structure
(failure to file required forms or information) is $3,000. In
assessing the monetary forfeiture amount, we must also take into
account the statutory factors set forth in Section 503(b)(2)(D)
of the Communications Act of 1934, as amended (``Act''), which
include the nature, circumstances, extent, and gravity of the
violation, and with respect to the violator, the degree of
culpability, any history of prior offenses, ability to pay, and
other such matters as justice may require.6 Considering the
entire record and applying the factors listed above, this case
warrants a $3,000 forfeiture.
IV. ORDERING CLAUSES
8. Accordingly, IT IS ORDERED THAT, pursuant to Section
503(b) of the Act,7 and Sections 0.111, 0.311 and 1.80 of the
Rules,8 St. Louis Mobile System Inc. is hereby NOTIFIED of this
APPARENT LIABILITY FOR A FORFEITURE in the amount of three
thousand dollars ($3,000) for willful and repeated violation of
Section 17.4(a) of the Rules by failing to register its antenna
structure.
9. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of
the Rules, within thirty days of the release date of this NAL,
St. Louis Mobile System Inc. SHALL PAY the full amount of the
proposed forfeiture or SHALL FILE a written statement seeking
reduction or cancellation of the proposed forfeiture.
10. Payment of the forfeiture may be made by mailing a
check or similar instrument, payable to the order of the Federal
Communications Commission, to the Forfeiture Collection Section,
Finance Branch, Federal Communications Commission, P.O. Box
73482, Chicago, Illinois 60673-7482. The payment should note the
NAL/Acct. No. and FRN referenced above. Requests for payment of
the full amount of this NAL under an installment plan should be
sent to: Chief, Revenue and Receivables Operations Group, 445
12th Street, S.W., Washington, D.C. 20554.9
11. The response, if any, must be mailed to Federal
Communications Commission, Office of the Secretary, 445 12th
Street SW, Washington DC 20554, Attn: Enforcement Bureau-
Technical & Public Safety Division and MUST INCLUDE THE NAL/Acct.
No. referenced above.
12. The Commission will not consider reducing or canceling
a forfeiture in response to a claim of inability to pay unless
the petitioner submits: (1) federal tax returns for the most
recent three-year period; (2) financial statements prepared
according to generally accepted accounting practices (``GAAP'');
or (3) some other reliable and objective documentation that
accurately reflects the petitioner's current financial status.
Any claim of inability to pay must specifically identify the
basis for the claim by reference to the financial documentation
submitted.
13. IT IS FURTHER ORDERED THAT a copy of this NAL shall be
sent by regular mail and Certified Mail Return Receipt Requested
to St. Louis Mobile System Inc., PO Box 405, Rolla, Missouri
65402-0405.
FEDERAL COMMUNICATIONS COMMISSION
Robert C. McKinney
District Director, Kansas City Office,
Enforcement Bureau
_________________________
1 47 C.F.R. § 17.4(a).
2 See 47 C.F.R. § 17.7(a).
3 Section 312(f)(1) of the Act, 47 U.S.C. § 312(f)(1), which
applies to violations for which forfeitures are assessed under
Section 503(b) of the Act, provides that ``[t]he term `willful',
when used with reference to the commission or omission of any
act, means the conscious and deliberate commission or omission of
such act, irrespective of any intent to violate any provision of
this Act . . . .'' See Southern California Broadcasting Co., 6
FCC Rcd 4387-88 (1991).
4 The term ``repeated,'' when used with reference to the
commission or omission of any act, ``means the commission or
omission of such act more than once or, if such commission or
omission is continuous, for more than one day.'' 47 U.S.C. §
312(f)(2).
5 47 C.F.R. § 1.80(b)(4).
6 47 U.S.C. § 503(b)(2)(D).
7 47 U.S.C. § 503(b).
8 47 C.F.R. §§ 0.111, 0.311, 1.80.
9 See 47 C.F.R. § 1.1914.